It is the purpose of this Chapter to establish regulations which supplement other regulations contained in this Code.

Except as may be permitted by other provisions of this Code, it shall be unlawful for any person to keep animals within the City except domestic animals as household pets.

No building permit shall be issued except for normal maintenance and interior alterations of existing buildings, for a period of 90 days after the effective date of any annexation of land to the City for any property lying partially or wholly within such annexation area, or until such property has been properly zoned by the City, whichever time is the lesser. Prezoning or adoption of an interim ordinance pursuant to the provisions of the California Government Code shall suffice for the purposes of this Section.

No building or structure shall be moved on a lot or parcel of land, or relocated from one lot or parcel of land to another, unless such building or structure conforms, or is made to conform to all provisions of this Title applicable to the property upon which the building will be located. All buildings or structures moved within the City, or from outside the City to within the City, shall first be approved by the Design Review Board pursuant to this Code. For purposes of this Section, some exceptions apply to manufactured homes, which are regulated under Chapter 23.15 of this Code.

(Ord. No. 1000, § 4, 9-18-2023)

No building permit shall be issued for any project or development activity which does not conform both to the California Coastal Act and the California Environmental Quality Act providing such permit or conformity is thereby required, nor shall any building permit be issued for any project not receiving all final approvals by the City as may be required by this or other Chapters of this Code.

The use of land for the removal or dumping of topsoil, sand, or other material shall be prohibited in all zones except when performed in conjunction with an approved construction project.

Nothing in this Title shall prevent emergency repairs or construction to prevent the immediate loss of life or property providing, however, that the person or persons proposing such emergency repairs or construction shall secure written approval from the Director of Planning and Community Development, or his or her authorized representative, prior to undertaking such emergency repairs or construction. All repairs or construction as herein authorized shall, within fifteen days, be followed with the filing of appropriate applications and/or reviews as may be otherwise required. Any such repairs and/or construction activities not approved after such review shall be removed, and the area restored to its condition prior to making such emergency repairs or construction. Nothing in this Section gives or is intended to give any person a right to circumvent or eliminate any requirement of this Title nor to maintain facilities repaired or constructed under the authority of this Section, without first securing the necessary approvals as may be otherwise required.

The construction or installation of fences, retaining walls and entryway structures shall be subject to the following limitations and regulations:

A.

Fences in Residential Zones.

1.

Fences and gates located within the required front yard or side yard abutting a street shall not exceed the height of three and one-half feet, except that for every two feet that a fence or wall is set back from the property line, its height may be increased by six inches, not to exceed a height of six feet, zero inches.

2.

Fences within the rear yard or interior side yard shall not exceed a total height of six feet, zero inches.

3.

Fences constructed within the building area may be as high as the building within said area.

4.

Notwithstanding other provisions of this Code, an entryway structure consisting of open work, such as a trellis, may be located within a required front or street side yard setback, provided such structure does not exceed the following maximum dimensions:

a.

Maximum Height. Ten feet (as measured pursuant to the provisions for measurement of fence height specified in this Chapter);

b.

Maximum Width. Eight feet measured from outside dimensions parallel to the property line.

c.

Maximum Depth. Five feet (measured from outside dimensions perpendicular to the property line).

d.

Maximum Enclosure. 50 percent of each vertical plane or overhead covering surrounding the structure. This means that a minimum of 50 percent of each vertical plane or overhead covering shall be open to light and air. The enclosure for each vertical plane or overhead covering shall be measured as a percentage of the total area of that vertical plane or overhead coverage of the trellis structure. This requirement for openness of construction shall not apply to the installation of an entryway structure consisting of a single set of two opposing vertical posts connected by a single horizontal cross-piece which meets the other provisions of this Section and which is constructed with post and cross-piece materials no greater than six inches in diameter or width.

No more than one entryway structure permitted pursuant to this Section may be constructed for each property line fronting a street.

Entryway structures which conform to the provisions of this Section shall be considered to be the same as a fence for purposes of determining the appropriate review process.

In addition to the other review requirements provided in this Chapter, an entryway structure proposed within a front or street side yard setback pursuant to this Section shall receive approval of the Director of Planning and Community Development. Such approval shall be given only if the Director finds that construction of the trellis within a front or street side yard setback will not threaten the public safety.

B.

Fences in Nonresidential Zones. Notwithstanding other provisions of this Chapter, fences constructed in all zones other than residential shall not exceed a total height of six feet, zero inches, except that walls or fences constructed within the building area and set back ten feet or more from the front property line and five feet or more from the side property line abutting a street may be as high as the building within said property line.

C.

Fences Serving as Retaining Walls. The construction of any fence retaining more than three feet of earth or similar materials shall be designed or approved by a registered, professional civil or structural engineer or a registered architect, and/or otherwise conform to County specifications. A fence serving as a retaining wall shall not extend more than one foot above the material retained.

D.

Calculation of Fence Height. Fences constructed in all zones shall not exceed a maximum height as set forth herein. For purposes of this Section, fence height herein shall be calculated as the vertical distance between the elevation at the top of the fence and the elevation of the lower of the natural or finished adjacent grade when measured from the exterior facade(s) of such fence at any point. The exterior facade shall be considered to be that side of a fence which faces and is closest to adjacent properties and public rights-of-way.

(Ord. No. 640)

Unless specifically waived by the Design Review Board pursuant to finding that the proposed use does not generate a need for exterior trash receptacles, all automobile garages and service stations, retail stores, restaurants, hotels and motels, multiple-family residence, and manufacturing use shall provide an adequate trash storage space which does not interfere with required automobile parking and circulation.

A.

Limitations. In all zones:

1.

No building or structure shall exceed two stories or 26 feet in height, whichever is the lesser. For purposes of this Section, if any floor area is not included in calculating the bulk floor area ratio because the construction over it is more than 60 percent open, that construction shall not be considered a roof.

2.

At no point can the building height be more than 26 feet measured vertically from the existing grade directly below.

B.

Exceptions for Specified Rooftop Structures. Chimney and vents not exceeding three feet in height above the roof; church steeples, church spires, and radio antennae not exceeding ten feet above the roof; and all television antennae may be erected to a height greater than the permitted height. In solar retrofit installations, solar energy collectors, storage tanks and equipment, roof ponds, and/or other solar equipment appurtenant to a solar energy system may exceed, by three feet, the maximum height limits established by zoning, subject to approval by the Design Review Board following a Board finding that there is no suitable alternative. Notwithstanding other provisions of this Title, no free-standing accessory structure shall exceed the building height limit specified for the zone in which said accessory structure is located.

C.

Exceptions for Specified Lightwell Areas. When determining height pursuant to Subsection 30.04.080.A.2., for any portion of a structure adjacent to a lightwell measuring not more than four feet in width (perpendicular to the building wall), and not more than 20 feet in length (parallel to the building wall), and which is no deeper than 28 inches above the finished floor, the lower of the natural or finished grade along the exterior (outside) wall of said lightwell shall be considered as the lower of the natural or finished exterior adjoining grade for that portion of the structure.

(Ord. No. 541; Ord. No. 549; Ord. No. 586; Ord. No. 724)

A.

Notwithstanding the other provisions of this Title, bulk floor area covered or partially covered and/or surrounded or partially surrounded by a temporary enclosure(s) shall not be included in the calculation of a lot's permitted Floor Area Ratio, provided that, together, the bulk floor area and temporary enclosure meet all of the following criteria:

1.

The bulk floor area is a lawfully-established component of a restaurant use;

2.

The temporary enclosure is constructed of durable material, including but not limited to: canvas or vinyl; and is designed and installed so as to be mechanically retractable to its non-covering or enclosing position through the operation of not more than two persons in a period of not more than 30 minutes using equipment permanently available on-site;

3.

The temporary enclosure will not be installed or extended to its covering or enclosing position except during periods of inclement weather. For purposes of this Section, the term "inclement weather" shall mean circumstances wherein the weather forecast for the day of intended use of the temporary enclosure, as provided by the San Diego office of the National Weather Service, indicates the potential for one or more of the following conditions in the San Diego County coastal area: a daytime temperature lower than 50 degrees or a nighttime temperature lower than 40 degrees (Fahrenheit); a likely probability (60 percent or greater) of rain; or winds in excess of 25 miles per hour;

4.

Regardless of the existence of inclement weather, as defined in this Section, the temporary enclosure will not be installed or extended to its covering or enclosing position on more than ten (calendar) days during the period of May 1st to October 31st of any year; and not more than 90 (calendar) days during the period of November 1st to April 30th of any year; and

5.

The temporary enclosure receives all required permits, including a Design Review Permit or Administrative Design Review Permit, as required by the DMMC.

B.

The installation of a temporary enclosure, as defined and regulated in this Title, shall not be deemed an intensification of use of a lawfully-established outdoor restaurant area for the purpose of calculating the off-street parking requirements of this Code.

(Ord. No. 744)

The Director of Planning and Community Development shall have the discretion to make a determination of a property's natural grade as defined in this Title. The determination shall be based on available information, including but not limited to: City records, surveys, grading and architectural plans, geotechnical reports or other substantial evidence that can be used to reasonably document the historic natural grade.

(Ord. No. 724)

A.

Merger. Two or more contiguous parcels or units of land which have been subdivided under the provisions of the Subdivision Map Act, or any prior law regulating the division of land or local ordinance enacted pursuant thereto, shall not merge by virtue of the fact that such contiguous parcels or units are held by the same owner; except that, if any one of such contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size, including width, depth, or area to permit use or development under this Title, and at least one of such contiguous parcels or units is not, or has not within the previous year been developed with a building for which a permit has been issued, then such parcels shall be merged. All parcels or units of land lying partially or wholly within the CC, BC, PC, NC, VC, FR, or RR zones shall herein be excepted from such merger pursuant to Sec. 66424.2 of the California Government Code.

B.

Merger Process. Whenever the City has knowledge that real property has merged pursuant to this Section, it shall cause to be filed for recording with the Office of the County Recorder a Notice of such merger specifying the names of the record owners and particularly describing the real property, provided that at least 30 days prior to the recording of the Notice, the owner of the parcels or units to be affected by the merger, shall be advised in writing of the intention to record the Notice and specifying a time, date, and place at which the owner may present evidence to the City Council why such Notice should not be recorded.

C.

Lots Reduced for Public Use. Where a portion of an otherwise conforming lot has been acquired for a public use or for street purposes, including dedication condemnation, or purchase, the remainder of such lot shall be considered as having the minimum required width, depth and area.

All portions of a lot, including yards, setbacks, buildings, structures, parking or loading areas, driveways, open areas, landscaping, and other features shall be permanently maintained in a neat, attractive, and orderly manner.

A.

Screening of Unsightly Uses. All open storage of automobiles, trucks, boats, trailers, building materials, appliances and similar materials shall be screened from all other properties by dense landscaping not less than five and one-half feet high, and from abutting streets by dense landscaping not less than three and one-half feet high, and installed in planters not less than three feet in width. Decorative fencing or walls may be used for such screening purposes pursuant to this Chapter. Garbage cans and trash receptacles shall be screened from view pursuant to this Chapter.

B.

Garbage and Trash Receptacles. All garbage can and trash receptacle areas, whether required by this Code or not, shall be adequately screened from abutting properties, streets, and alleys. Such screening shall consist of an opaque, visual barrier no lower in height than the maximum height of the receptacles. Lids or tops may be required where necessary to achieve the intent of this Section.

No structure, plant material, or other object shall be erected, placed, planted, or allowed to grow within 20 feet of the intersection of arterial streets or arterial-collector streets, as measured from the center of the nearest curb return or, where there is no curb, from the edge of pavement, in such a manner as to materially obstruct or impede vision from passing automobiles.

Public street and utility improvements as may be needed directly in front of a building site shall be required by the City Engineer prior to the construction, move-on, or major alteration (whose costs exceed the assessed valuation of the structure as shown on the most current County Tax Assessor's rolls) or any new main building, as defined in this Title, providing such public improvements are specifically shown or referenced on maps adopted by the City Council and on file with the Department of Planning and Community Development.

To assure public safety, the construction, installation, or maintenance of all swimming pools or outside water bodies shall be subject to the limitations and regulations set forth herein.

A.

Fence Required. Every person, firm or corporation in possession of land within the City of Del Mar, California, either as an owner, purchaser under contract, lessee, tenant, or licensee, upon which is situated a swimming pool or outside body of water having a depth of over 12 inches, shall maintain a protective fence, wall, enclosure or other effective barrier as required by the Uniform Building Code around said pool or outside body of water. The height of said fence(s), wall(s), enclosure(s) or other effective barrier shall be not less than five feet as measured on the exterior facade above the finished grate at any point, with no opening therein provided, however, that no such fence or wall shall be erected that affords ladder-like or step-like access. The provisions of this Section shall not apply to premises where a swimming pool is used or maintained and the premises are used for any hotel or motel consisting of ten or more units, where the owner or any employee thereof is on duty on such premises 24 hours each day.

B.

Gates. All gates or doors opening through such fences, walls, or enclosures shall be equipped with self-closing and self-latching devices designed to keep, or capable of keeping, such door or gate securely closed and latched at all times when not in actual use, provided, however, that the door of any dwelling that is forming any part of the enclosures hereinabove required need not be so equipped. Unlatching devices shall be located not less than four feet above the ground. Gates shall be kept securely closed and latched or attended at all times.

C.

Existing Pools. All requirements of this Chapter shall apply to existing swimming pools and outside bodies of water. It shall be unlawful to maintain a swimming pool which is not fenced in accordance with the terms of this Chapter.

D.

Conformity with Other Building and Zoning Regulations. Any fence or wall erected for the purpose of complying with this Chapter shall conform to all other zoning regulations of the City, provided further that no swimming pool shall be constructed where protective fencing required will be in conflict with other zoning regulations.

E.

Compliance for Final Approval. All plans for construction of swimming pools shall show compliance with the requirements of this Title. No water shall be placed in said pool, and final inspection and approval shall be withheld until all requirements are in compliance with this Title.

(Ord. No. 598)

A.

Temporary Buildings, Structures, and Storage Units Incidental to Construction.

1.

During construction pursuant to an active Building Permit, a lot in any zone may be used for the on-site storage of building materials used in the construction project, and for on-site temporary construction buildings or structures for temporary office use during construction, including temporary roll-on units, or storage of construction tools and equipment provided such buildings and structures are not used for overnight occupancy.

2.

All temporary construction buildings, structures, and storage shall be removed immediately upon completion or abandonment of the project. For the purpose of Section 30.86.180, abandonment shall mean the discontinuance of construction activity for a period of 30 consecutive days or more with no reasonable efforts demonstrated to resume construction.

3.

No additional permit shall be required, except that a Minor Temporary Use Permit shall be obtained in accordance with Section 30.73.020 prior to the establishment of any temporary construction buildings, structures, and materials storage if located off-site at a separate location from the construction project.

B.

Temporary Storage Units.

1.

Temporary storage units are portable storage containers that do not have a permanent foundation or footing; that are not designed or used for human occupancy; and that are intended to provide for temporary storage of goods that are incidental and subordinate to the existing use of the property.

2.

Temporary storage units are not a permitted primary use in any zone, unless the Planning Commission determines that the use is similar to an allowable use in the zone, conforms to the description and purpose of that zone, and is not detrimental to the welfare of the community.

3.

Temporary storage units may be permitted as an accessory use to the primary use located on-site in accordance with the following:

a.

A temporary storage unit shall be permitted for a maximum of four instances per year limited to a maximum of 15 consecutive days per instance and a maximum of 60 days total per calendar year per property.

b.

The size of a temporary storage unit, or the combined total of multiple temporary storage units on a lot at one time, shall not exceed a maximum of 10 feet wide by 10 feet high by 20 feet long.

c.

Temporary storage units are exempt from Chapter 23.08 (Design Review) and the screening requirements in Section 30.86.140.

d.

Temporary storage units shall be located in accordance with the following:

i.

Shall not be located within steep slopes, wetlands, sensitive biological resources or other environmentally sensitive habitat area; and

ii.

Shall not interfere with the safe visibility and circulation of vehicles, bicycles or pedestrians within the adjacent public right-of-way; and

iii.

Shall not be located within the public right-of-way unless authorized by an Encroachment Permit obtained in accordance with Chapter 23.28.

4.

Section 30.86.180 shall not apply to the following:

a.

Temporary storage units, including portable sheds, that are located within an enclosed yard area and that are screened from view from the adjacent public right-of-way; and

b.

Storage units that are granted approval for a longer duration by the Design Review Board and/or City Council.

(Ord. No. 949, § 1, 7-1-2019)

A.

All business establishments shall be designed and operated so as to be in compliance with the City of Del Mar Municipal Code with respect to the Occupancy Standards of the latest edition of the Uniform Building Code (UBC).

B.

In addition to compliance with the UBC, all business establishments shall be designed and operated in a manner such that an average of at least 125 square feet of space is available for each employee working in the business space, with such average calculated in accordance with the provisions of this Section.

C.

To determine the average space available for each employee being provided by a business, the total square foot area of the business space (excluding restrooms) shall be divided by the maximum number of employees working in the business at any one time.

D.

To determine the figure of the maximum number of employees that may work in the business space at any one time, the total business space of an establishment shall be divided by the minimum workspace area per employee required by this Section;

E.

For purposes of this Section only of the DMMC, "Employee" shall include all persons employed by the business and all managers, owners and operators of the business and all independent contractors who are working at the business space at the time of calculation of the figure of the Maximum Number of Employees.

F.

For purposes of this Section only of the DMMC, "business space" shall include all of the enclosed square footage of the building, and/or that portion of the building, in which the business is located, including workspace and storage areas, corridors but excluding restrooms. For purposes of this Section only, the calculation of business space shall not include the common areas of a multi-occupancy building such as elevators, stairwells and hallways, and shall also not include the common areas and restrooms used by more than one tenant/employer of the building.

G.

A the request of the Director of Planning and Community Development, the operator of a business shall be required to provide a record of the figure of the maximum number of employees that may work in the business space at any one time. That required figure shall be used by the City for determination of compliance with this Section.

(Ord. No. 814)

Tennis court lights may be constructed within any zone, providing, however, that a Conditional Use Permit has first been approved by the City Planning Commission or City Council on appeal, and that said tennis court lights and the use of said tennis court lights and the use of said tennis courts and appurtenances abide by all conditions and restrictions imposed thereon. To protect the privacy of neighboring properties, said conditions may include, but not be limited to, restrictions on lighting, height, and location of and hours of play.

Notwithstanding yard and setback requirements established for each zone, the following provisions shall apply:

A.

Reserved.

B.

Panhandle Lots and Lots Which Lack Street Frontage. The front yard of panhandle lots and lots which lack street frontage shall include all of the access strip connecting the main body of the lot from the street, plus the front yard setback required by the zone in which the property is located. Said front yard setback distance shall be measured from the property line which is most nearly perpendicular to the access strip and whose prolongation would divide the access strip from the main body of the lot. The rear property line, and yard requirements therefrom, shall be that property line most opposite the front property line as described herein. Side yards for panhandle lots and lots which lack street frontage shall be applied as required by the zone in which the property is located, but in no event shall such side yards on residentially zoned property be less than ten feet in width.

C.

One-story, Detached Accessory Buildings. Except in the R1-40, R1-14, and R1-10 zones, a detached, one-story, accessory building may disregard rear yard requirements if such accessory building is not more than 500 square feet in area and not more than 30 feet in length on any one side. The 500-square foot maximum shall be calculated based on the total square footage of the accessory building, regardless of any exemptions from floor area ratio (FAR) that might otherwise apply pursuant to the provisions of this Title. Such buildings, as herein described, may also disregard side yard requirements if placed entirely within the rear 30 percent of the lot or back of the front 70 feet of the lot. One-story, accessory portions of the living units may also disregard side and rear yard requirements if the location and size of such accessory portions of living units meet the criteria as specified and limited herein, provided there is no direct access from the accessory portion to the interior of the living unit.

D.

Side and Rear Yards Adjacent to Alleys. Where an alley ten feet or greater in width abuts a side yard or rear yard, one-half the width of such alley, up to a maximum of ten feet, may be applied to the required amount of side or rear yard.

E.

One-Story Garages Within Natural Embankments. One-story garages located entirely within at least six-foot-high, natural embankments and so maintained may disregard the side and rear yard requirements, providing, however, that no portion of the roof parapet, handrail, or other appurtenance is more than three feet, six inches above the roof of the garage and that no portion of the roof is more than one foot above the first floor level of the existing or proposed buildings on the site of which said garage is proposed.

F.

Building Sites Less Than 2,000 Square Feet in Area. The required side and rear yards may be reduced by an amount equal to 20 percent of the required amount on any existing lot of less than 2,000 square feet in area, provided the buildings or structures erected thereon are not more than one story in height.

G.

Street Side Yards on Corner Lots. On corner lots, a side yard is required adjacent to the side street at least equal to one-half of the setback normally required on the front of the lot, but in no event shall such side yard be less than the side yard required by the zone in which the property is located.

H.

Reserved.

I.

Yards Between Buildings. The required yard or other open space around an existing structure, or which is hereafter provided around any structure for the purpose of complying with the provisions of this Chapter, shall not be considered as providing a yard or open space for any other structure, existing or proposed. Yards between detached dwelling units shall in no event be less than six feet.

J.

Yards for Below-Grade Structures. Yard requirements shall be waived in buildings or structures placed entirely underground, provided, however, the building or structure is designed to allow the installation and maintenance of landscaping pursuant to this Chapter.

K.

Landscaping. All portions of any front yard or side yard abutting a street, except for driveways, walks, fish ponds and decorative bodies of water, as provided in Subsection M.4., shall be landscaped with trees, shrubs, flowers, or other plant materials, planter boxes (subject to the setback/height provisions applicable to fences contained within this division), or rock gardens; and shall be permanently maintained in a neat, attractive, and orderly manner. In no case shall boats, trailers, trucks, campers or the like be stored or parked in any required front or side yard abutting a street, nor shall any storage of any materials whatsoever be permitted in said yards.

L.

Setbacks. No building, structure, or parking area shall be constructed or maintained on any lot or parcel which abuts a street for which there has been dedicated only a portion of its required width, when such required width has been determined by the City Council and is shown on maps on file with the City; unless such building, structure, or parking area is set back from the street centerline a distance equal to the sum of the required yard setback and one-half of the required width of the street.

M.

Yard Projections. Every required front, side, and rear yard shall be open and unobstructed from the ground to the sky unless otherwise provided:

1.

Fences and walls as specified and limited under this Chapter may project into the yards otherwise required by this Chapter;

2.

Architectural projections (such as cornices, belt course, sills, eave projections, and awnings) without enclosing walls or screening may project into a required yard not more than two feet, provided the required interior side yard is not reduced to less than two feet six inches, and any required yard abutting a street is not reduced to less than five feet zero inches.

3.

Open, unenclosed decks not covered by a roof may project into the required rear yard or interior side yard, providing, however, that said decks are constructed at existing grade elevation, or in no event higher than 18 inches above the lower of the natural or finished adjoining grade within a required side yard or 30 inches above the lower of the natural or finished adjoining grade within a required rear yard.

4.

Bodies of water, when provided with safety fencing as may be required by this Chapter, may project into required yards as follows:

a.

Decorative bodies of water, including without limitation, fish ponds, may project into any required yard, so long as the body of water is not designed for use or used by humans entering said body of water.

b.

Swimming pools and spas may project into any required rear or interior side yard.

5.

Solar retrofit installation, solar energy collectors, storage tanks and equipment, solar greenhouses, and/or other solar equipment appurtenant to a solar energy system may project into a required front, rear, and side yard setback area, subject to approval by the Design Review Board following a Board finding that there is no suitable alternative.

6.

Air conditioning condensers and pool/spa mechanical equipment may project into a required side yard or rear yard setback area, subject to Design Review approval, when the issuing authority for the Design Review Permit finds that location in the side or rear yard, combined with the provision of sound attenuation measures, would provide the most suitable placement so as to minimize noise and visual impacts to neighboring properties. All mechanical equipment and associated screening/sound attenuation improvements shall provide a minimum five-foot setback from the adjacent property line or from any walls/fencing located on or near the adjacent property line.

7.

Permanent landscape accessory structures, such as barbeques, fireplaces/fire pits, above-grade fountains and benches, which measure not more than 48 square feet in area (footprint) or six feet in height, may project into required rear yard setback areas, but shall be subject to Design Review approval.

8.

Lightwells measuring not more than four feet in width (perpendicular to the building wall), and not more than 20 feet in length (parallel to the building wall), and which are no deeper than 28 inches above the finished floor may project into a required side yard or rear yard setback area, provided that:

a.

Lightwells that project into sideyard or backyard setbacks of 5(five) feet or less shall have a hinged grate covering the lightwell opening. The grating shall be capable of supporting the weight of a 200 pound person yet be able to be opened by someone of minimal strength with no special knowledge; or

b.

Uncovered lightwells protected by a vertical safety barrier (fence or railing) shall be located to provide a minimum five-foot setback from the adjacent property line or from any walls/fencing located on or near the adjacent property line.

(Ord. No. 571; Ord. No. 581; Ord. No. 615; Ord. No. 658; Ord. No. 724; Ord. No. 788)

Supportive Housing and Transitional Housing, as defined in this Title, are permitted uses in any zone in which residential uses are allowed and shall be subject to the same regulatory standards and review processes applicable to other residential uses allowed in the same zone in which they are proposed and located.

(Ord. No. 893)

All new service connections of electrical, communication, CATV or other similar distribution service wires and/or cables necessary or desirable in connection with permanent new construction shall be placed underground unless the total costs of such new construction, as determined by the Building Department, does not exceed $7,500.00.

A.

The City Council may amend, supplement or change the regulations and zones herein or subsequently established after recommendation thereupon by the Planning Commission, and after public hearings as required by law. An amendment, supplement or change may be initiated by resolution of the City Council or the Planning Commission or by petitioning of the owners of the subject property.

B.

When an amendment to this Chapter or map is initiated, it shall be on a form prescribed by the Planning Commission, accompanied by such data and information as may be prescribed so as to assure the fullest practicable presentation of the facts for the permanent record. Upon filing of such form and required data and information, a public hearing shall be conducted pursuant to the provisions of this Code and State law. The Planning Commission shall hear the request and shall either continue the matter to allow additional testimony, studies, surveys, or investigations as it deems appropriate, or following hearing and recommendation by the Planning Director, shall by resolution, approve or deny the subject request based on findings presented in Subsection C. Any such resolution to approve or deny an amendment to this Chapter shall be in the form of a recommendation to the City Council, except that any denial shall be final unless appealed to the City Council pursuant to the provisions of this Code and State law. Within ten days after taking action to recommend approval of an amendment to this Chapter, the Planning Commission shall transmit a written copy of that recommendation for approval, together with the findings and other matters as may be related to the request, to the City Council. Upon receipt of said recommendation for approval, or upon receipt of a timely appeal of a denial, the City Council shall hold at least one public hearing pursuant to the provisions of this Code and State law and thereafter act on the request pursuant to the findings required by Subsection 30.86.220.C.

C.

Required Findings to Grant. Each determination to grant or recommend the granting of an amendment to this Chapter shall be supported by written findings of fact showing specifically how the determination meets the following criteria and requirements:

1.

That there are changed conditions since the previous zoning became effective to warrant other or additional zoning;

2.

That the granting of such zoning will be in the interest or furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the established character of the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the rezoned property is located;

3.

That the granting of such zoning conforms to the general purpose, planned use, and intent of the adopted Community Plan, or any ordinance, regulation, or plan in effect to implement said Community Plan.

D.

Planning Commission Denial Final Unless Appealed. A Planning Commission denial of a request for amendment to this Chapter shall be final and the City Council shall take no further action thereon, except that said denial may be appealed pursuant to the appeal provisions of this Code and State law. Failure to appeal within the time period specified in this Code shall result in termination of the case.

E.

City Council Action Final; Referral of Changes to the Planning Commission. The action by the City Council on the application for amendment shall be final and conclusive except that if the decision is contrary to the recommendation of the Planning Commission, the City Council shall request a further report of the Planning Commission before it makes its decision final. Failure of the Planning Commission to act within forty days of receipt of notice of the City Council's request shall automatically make the City Council's decision final.

F.

Conditions on Zone Amendments. When it is found necessary for the preservation of the health, safety and general welfare of the public, the orderly development of the City, and the implementation of the Community Plan, the City Council or Planning Commission may require as a condition precedent to a change of zone initiated by property owners, the dedication of property or the installation of facilities either on-site or off-site as may be deemed necessary to protect the public investment and to make the affected properties suitable for the uses permitted by the amendment, supplement, or change in regulations or district. The facilities or matters so required shall be completed or reasonable guarantees acceptable to the City shall be provided for their completion prior to the adoption of any such amendment, supplement or change in regulations or district.

G.

Effective Date of Zone Amendments. An amendment to this Chapter or map as may be approved by the City Council shall, unless otherwise excepted, become effective thirty days after adoption of said amendment.

H.

Reapplications. No application from one or more owners of property, for zoning or rezoning the same property or essentially the same parcel of land which has been denied by the City Council, shall be accepted by the Planning Commission within twelve months of such denial; provided however, that the City Council may permit the processing of such application by the affirmative vote of the majority of its members.

A.

Purpose. It is the policy of the City of Del Mar to provide reasonable accommodation in regulations and procedures to ensure equal access to persons with disabilities to housing or commercial or industrial facilities and to facilitate the development of housing for persons with disabilities. This Section is based on requirements of Federal and State housing laws, including the Federal Americans with Disabilities Act, the Federal Fair Housing Act and the California Fair Employment and Housing Act, and implements the Housing Element of the City's General Plan. The purpose of this Section is to provide a procedure under which a person with disabilities, or a property owner of commercial or industrial uses, may request a reasonable accommodation in the application of zoning regulations in order to secure equal access to housing or commercial or industrial facilities, and outlines a process for decision makers to act upon such requests. This Section is intended for all uses, and within all zoning designations, and is distinct from the requirements for a variance. The City also recognizes the importance of sustaining and enhancing the community, as articulated in the City's Community Plan, and will consider whether the requested reasonable accommodation would result in an undue burden to the City or a fundamental alteration of City policies.

B.

Definitions.

Person with Disabilities and Reasonable Accommodation shall have the same meaning as those stated in Chapter 30.04 (Definitions).

C.

Applicability. The provisions of this Section apply to all uses that will be used by a person with disabilities. In order to make housing and commercial or industrial facilities accessible to a person with disabilities, any person may request a reasonable accommodation, or exception to the City's Zoning Code regulations, in accordance with this Section.

D.

Application and Review Procedure.

1.

Applicant. Any person who requests reasonable accommodation, based on the disability of residents or users, in the application of a land use or zoning law which may be acting as a barrier to fair housing and access opportunities, may submit an application. The applicant may be the person with the disability, or his or her representative, or a developer of housing or commercial or industrial facilities for the purpose of accommodating persons with disabilities.

2.

Application. An Administrative Design Review (ADR) application shall be filed with the Planning and Community Development Director, or his or her designee. In addition to completion of the ADR application, the applicant shall include:

a.

Basis for the claim, such as a medical certification, that the person on whose behalf the accommodation is sought is disabled; or

b.

Explanation of why the reasonable accommodation is necessary to make the specific housing or commercial facility accessible to the person with disabilities.

c.

Other relevant information as requested by the Planning and Community Development Director, or his or her designee, in order to make the required findings.

3.

Noticing. The application noticing shall be consistent with Subsection 23.08.035.B. (Administrative Design Review) of the DMMC.

4.

Findings. Any decision on an application under this Section shall be supported by written findings addressing the criteria set forth below. An application under this Chapter for a reasonable accommodation shall be granted if all of the following findings are made:

a.

The housing or commercial facility, which is the subject of the request, will be used or occupied by a person with disabilities.

b.

Due to the physical attributes of the subject property or the structures on-site, the requested reasonable accommodation is necessary to make the specific housing or commercial facility accessible to a person with disabilities under the Federal Fair Housing Act, the California Fair Employment and Housing Act, and the Americans with Disabilities Act (ADA).

c.

The requested reasonable accommodation would not create an undue financial or administrative burden for the City.

d.

The requested reasonable accommodation would not require a fundamental alteration in City's land use and zoning ordinances, programs or policies. In making this finding, the decision-making body may consider, but its consideration is not limited to, the following factors:

i.

Whether the proposed changes to the subject property and structures, would adversely impact the health, safety or use of adjacent properties or the City right-of-way.

ii.

Whether any reasonable alternatives have been identified that would provide an equivalent level of benefit without requiring a reasonable accommodation or exception to the City's applicable rules, standards and practices.

5.

Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose conditions to ensure that the reasonable accommodation complies with the findings required by this Chapter. Conditions may also be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are no longer necessary in order to accommodate a person with disabilities. The reviewing authority may require the recordation of the conditions of approval, or its equivalent.

6.

Determination. A determination timeframe on the application request shall be made consistent with Subsections 23.08.035.B., C., and D. (Administrative Design Review) of the DMMC.

7.

Appeals. The appeal process shall be made consistent with Subsections 23.08.035.B., C., and D. (Administrative Design Review) of the DMMC.

(Ord. No. 917, § 2, 9-19-2016)